A)

The provisions of this Article shall be the minimum requirements to promote the public health, morals, safety and general welfare within the City and to protect and maintain the value and character of land and buildings in the various districts and to promote the orderly and beneficial development of such areas. Among other purposes, such provisions are intended to provide adequate light, air, privacy and convenience of access to property, to avoid undue concentration of population by regulating and limiting the height and bulk of buildings; the size and open spaces surrounding buildings; to establish building lines; to divide the City into districts restricting and regulating therein the construction, reconstruction, alteration and use of buildings, structures and land for residence, business, industrial and other specified uses; to limit congestion in the public streets by providing off-street parking of motor vehicles; and to define the powers of the administrative officers as provided herein.

B)

The purpose of the City of Mascotte LDC is to assist implementation of the City's Comprehensive Plan. More specifically the land development regulations are intended to carry out Comprehensive Plan policies concerned with land use; transportation; housing; public facilities, including potable water, sanitary sewers and drainage system, as well as groundwater recharge; parks; conservation; recreation and open space; intergovernmental coordination; and capital improvements.

C)

The LDC shall apply to all development or changes in land use throughout the City of Mascotte. No development, as defined herein, or change in land use shall be undertaken without prior authorization pursuant to this Code.

This Article is not intended to repeal, change, abrogate, annul or in any way impair or interfere with the provisions of federal and state laws which specifically preempt any provisions of this Ordinance, or any private restrictions placed on property by covenant, deed, or other private agreement. To the extent that this Ordinance is inconsistent with any ordinances now in effect in the City, the Ordinance shall prevail. Where this Article imposes a greater restriction upon the use of buildings or land or upon the height of buildings or lot coverage, or requires greater lot areas, larger yards or other open spaces than are imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits or by such private restrictions, the provisions of this Article shall control.

A)

Except as provided herein:

1)

No building, structure or land shall be used or occupied, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered unless in conformity with the regulations specified in this Article for the district in which it is located.

2)

No building or other structure shall hereafter be erected or altered:

a)

To exceed the height set forth in this Article;

b)

To accommodate or house a greater number of families than is set forth in this Article;

c)

To occupy a greater percentage of lot area than is set forth in this Article;

d)

To have narrower or smaller rear yards, front yards, side yards or other open spaces than required in this Article; or

e)

In any other manner contrary to the provisions of this Article.

3)

No part of a yard, other open space or off-street parking space required about or in connection with any building for the purpose of complying with this Article shall be included as part of a yard, open space or off-street parking space similarly required for any other building.

B)

The land development codes and any interpretation thereof, shall remain consistent with the Comprehensive Plan as mandated by F.S. ch. 163, pt. II, County and Municipal Planning and Land Development Regulation. The LDC shall be amended as necessary to ensure consistency with the City of Mascotte Comprehensive Plan. All applicants for development permits, including and not limited to lot specific rezonings, variances, conditional uses, subdivision plans, and site plans, shall prove that the application, if granted, is consistent with the City's Comprehensive Plan and any amendments thereto.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08)

A)

City Council Authority:

1)

Quasi-judicial decisions. Unless otherwise provided in this Article, the City Council shall render all final decisions regarding rezonings, variances, conditional uses, all development plans, waivers, and administrative appeals provided for in this Article. The City Council may impose reasonable conditions on any approved rezoning, variance, conditional use, all development plans, waiver or administrative appeal to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the City of Mascotte Code of Ordinances and the City of Mascotte Comprehensive Plan. All formal decisions shall be based on competent substantial evidence and the applicable criteria set forth in this Article. The City Council may adopt, by resolution, quasi-judicial rules and procedures to implement this division.

B)

City Manager and City Staff: The City Manager, or his or her designee, shall administer and enforce this Article.

1)

The City Manager or designee, in the performance of enforcement duties and functions, may receive applications and enter upon any land and make examinations and surveys that do not cause damage or injury to private property. For the purpose of administering and enforcing this ordinance, the City Manager may appoint appropriate persons who shall have the authority of the City Manager necessary to implement and enforce the Land Development Code (LDC).

2)

If the City finds that any of the provisions of this Article are being violated, the City shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The City shall order discontinuance of use of land, buildings or structures; removal of buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any work being done; or shall take any other action necessary to ensure compliance with this Article or to prevent violation of its provisions.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08)

(Per the City of Mascotte Charter the City Council may act as the Planning and Zoning Board.) By resolution the City Council may establish a Planning and Zoning Board and related procedures.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2011-08-498, § 2, 8-15-11)

A)

Intent and Purpose: Any real property owner or authorized applicant may file an application consistent with the Land Development Codes relative to real property within the City's boundaries. The intent and purpose of this section is to set forth the procedure for applying for variances, conditional uses, lot specific rezonings, all development plans, waivers, and administrative appeals as set forth in this Article.

B)

Due Process; Notice Requirements: All applicants shall be afforded due process as required by law for quasi-judicial hearings, including the right to receive notice, be heard, present evidence, cross-examine and be represented by a duly authorized representative.

In addition to any notice requirements provided by State law, all public hearings before City Council on quasi-judicial land use applications shall be publicly noticed for at least ten (10) calendar days prior to the date of the hearing. Said notice shall include the name of the applicant and/or property owner, address and description of the subject property, matter to be considered and the time, date and place of the hearing. The notice shall be delivered and posted in the following manner:

1)

Posted on the affected property in conspicuous and easily visible location on the property setting forth in boldface letters the relevant facts pertaining to the application and the date, time and place when the hearing shall be heard.

2)

Posted at City Hall.

3)

Notifying, by U.S. Mail, the applicant and all Owners of real property located within three hundred (300) feet of the subject property.

C)

A property owner or his or her authorized agent may apply for a land use decision under the provisions of this Article. All applications shall be in the form required and provided by the City Manager or designee. Such application shall be submitted to the City Manager or designee together with the fee established by resolution of the City Council. A completed application shall include the completed application form, all fees, required review deposits, and all required supplemental information necessary to render determinations related to the application.

D)

Applications: All applications for lot specific rezonings, PUDs, variances, conditional uses, all development plans, waivers, and administrative appeals shall be accompanied by the applicable application fee established by resolution of the City Council, any required review deposits, and all required supplemental information necessary to render determinations related to the application. All applications shall contain, at a minimum, the following information:

1)

A general description of the action sought.

2)

A brief explanation as to why the application satisfies the relevant criteria set forth in this Article.

3)

The name(s) of the Owner(s) of the particular real property as shown on the public records of the County on the date of the filing of the application.

4)

If the Applicant is other than all of the Owners of the particular property, written notarized consent signed by all Owners of the particular real property shall be attached. The application shall contain the current physical and mailing address of the applicant.

5)

The legal description of the particular real property, accompanied by a certified survey or that portion of the map maintained by the Lake County Property Appraiser reflecting the boundaries of the particular real property.

6)

A description of the location of the property.

7)

The current and future land use and the zoning designation of the real property.

8)

The owners of all properties located within three hundred (300) feet of the subject property and their current addresses as shown on the public records of the County.

9)

Any such other special requirements set forth in this Article.

E)

Review by Staff: Pursuant to Article IV of this Code, the City Manager shall designate staff members review and provide written reports, when necessary, on applications for rezonings, PUDs, variances, conditional uses, all development and site plans, waivers, and administrative appeals. For purposes of this Land Development Code, "Staff" includes the City Manager, individual staff members, and consultants. The City Council shall not be bound by the submitted recommendation by the Staff and it may accept, reject, modify, or table the same.

F)

Effect of denial of quasi-judicial application: Whenever the City Council has denied a quasi-judicial application, it shall not reconsider the same request at a later time, except that:

1)

Where a period of three years has run since the date of the council's prior action on the quasi-judicial application. However, the right to reapply for a quasi-judicial application after the passage of three (3) years shall not prevent the City from applying the doctrine of administrative res judicata; or

2)

Where the relevant circumstances surrounding the quasi-judicial request have substantially and materially changed since the City Council's earlier decision.

G)

Similar and Compatible Use Determinations: A use proposed in a zoning district, which is not specifically listed in the zoning regulations or Table 3-2 of this Land Development Code as a permitted or conditional use, may be allowed if the proposed use is similar to and compatible with the uses specifically allowed as permitted or conditional uses within the same zoning district. When City Council must render a final decision on a rezoning, variance, conditional use, or any other land use application, Council shall determine whether the proposed use is similar to and compatible with a use listed in the Land Development Code, if such a determination must be made. An applicant has the burden of proving by competent substantial evidence that a proposed use is "similar and compatible" with permitted or conditional uses within a zoning district. The proposed use is similar and compatible if:

1)

It is consistent with the Comprehensive Plan;

2)

It falls within the same density or intensity requirements;

3)

It promotes the intent and purposes of the zoning district;

4)

It has similar transportation, water, solid waste, and other infrastructure impacts; and

5)

It is not in conflict with and would not adversely affect other allowed or existing uses of surrounding properties.

6)

Similar and compatible use determinations shall not be permitted in the Green Swamp. The only uses permitted in the Green Swamp are those that are specifically designated in Table 3-2.

When Council is not required to render a final decision on a land use application, such as when zoning verification is requested or required, a similar and compatible use determination shall be made in writing by the City Manager or designee. The requestor may appeal the decision to the City Council within thirty (30) days of the date of the written decision pursuant to Section 3.18 of this Code. City Council may by resolution impose a fee for applications for similar and compatible use determinations. Council may by resolution impose a fee for applications for similar and compatible use determinations.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2011-08-498, § 2, 8-15-11; Ord. No. 2012-02-501, § 2(Exh. A), 3-5-12; Ord. No. 2013-02-511, § 2, 3-18-13; Ord. No. 2017-01-556, § 4(Exh. A1), 3-20-17; Ord. No. 2017-11-574, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-587, § 2(Exh. A), 9-26-2018)

Editor's note— Ord. No. 2018-09-587, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-574, but provided an updated effective date of September 26, 2018.

A)

Staff shall review all quasi-judicial rezoning applications and prepare reports which apply the rezoning criteria set forth below to the applications. Where applicable, each report shall show that the staff member has considered the applicable rezoning criteria set forth in this section.

B)

At a duly noticed public hearing, City Council shall make a final decision on the application based on testimony of the applicant, staff members, and any other interested parties.

C)

All rezoning applications shall be reviewed for compliance with the following criteria. No application for rezoning can be approved unless the applicant presents competent substantial evidence that all of the criteria are met:

1)

The proposed rezoning change is in compliance with all procedural requirements established by the City Code and law;

2)

The proposed rezoning change is consistent with the City's Comprehensive Plan including, but not limited to, the Future Land Use Map and the proposed change would not have an adverse effect on the Comprehensive Plan;

3)

The proposed rezoning change is consistent with any Master Plan applicable to the property;

4)

The proposed rezoning change is not contrary to the land use pattern established by the City's Comprehensive Plan;

5)

The proposed rezoning change would not materially alter the population density pattern in a manner that would overtax the load on public facilities and services such as schools, utilities, streets, and other municipal services and infrastructure;

6)

The proposed rezoning would not result in existing zoning district boundaries that are illogically drawn in relation to existing conditions on the property and the surrounding area and the land use pattern established by the City's Comprehensive Plan;

7)

Changed or changing conditions make the proposed rezoning necessary;

8)

The proposed rezoning change will not seriously reduce light or air to adjacent areas;

9)

Should the City be presented with evidence indicating that property values will be adversely affected by the proposed rezoning, the Applicant must demonstrate competent substantial evidence that the proposed rezoning change will not adversely affect property values in the surrounding area;

10)

The proposed rezoning will not be a substantial detriment to the future improvement or development of vacant adjacent property;

11)

The proposed rezoning will not constitute a grant of special privilege to an Individual Owner which is not otherwise granted to the public in general;

12)

The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood or the City;

13)

The proposed rezoning does not violate any applicable LDC adopted by the City.

D)

In approving a change in the zoning classification on a lot or parcel of land, at the request of or with the concurrence of the Owner of said lot or parcel, the City Council may approve a rezoning subject to restrictions provided such restrictions do not confer any special privilege upon the Owner or subject property that would otherwise be denied by the City's LDC in the same zoning district. Such restrictions may include one (1) or more of the following:

1)

Use restrictions greater than those otherwise specified for that particular district;

2)

Density restrictions greater than those otherwise specified for the particular district;

3)

Setbacks greater than those otherwise specified for the particular district, including setbacks from lakes and major arterial roadways;

4)

Height limits more restrictive than otherwise permitted in the district;

5)

Minimum lot areas or minimum widths greater than otherwise specified for the particular district;

6)

Minimum floor area greater than otherwise specified for structures in the particular district;

7)

Open space requirements greater than otherwise required for property in the particular district;

8)

Parking, loading driveway or traffic requirements more restrictive than otherwise required for the particular district;

9)

Fencing or screening requirements greater than otherwise required for the particular district;

10)

Restrictions on any other matters which the City Council is authorized to regulate. Upon approval of such restrictive rezonings, the City Clerk shall enter a reference to the restrictions on the City's Official Zoning Map, and a Notice of Zoning Restrictions shall be recorded in the public records of Lake County. Restrictions shall run with the land, without regard to transfer of ownership or other interests, and may be removed only upon further amendment to the zoning classification of the subject property in accordance with the procedures prescribed herein.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2011-08-498, § 2, 8-15-11; Ord. No. 2017-11-574, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-587, § 2(Exh. A), 9-26-2018)

Editor's note— Ord. No. 2018-09-587, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-574, but provided an updated effective date of September 26, 2018.

A)

Identification of Official Map: The Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk, and bearing the Seal of the City under the following words: "This is to certify that this is the Official Zoning Map of the Land Development Code of the City of Mascotte, Florida.

B)

Map Changes: Where changes are made in district boundaries or other matters portrayed by the Official Zoning Map, the City Clerk shall enter those changes on the Official Zoning Map promptly after the change has been approved by the City Council and becomes effective. All changes made to the Official Zoning Map shall conform to the requirements and procedures of this Code. The City Clerk shall keep a log of all changes made to the Official Zoning Map, beginning with the date of adoption of the map, which includes a copy of each ordinance requiring a change to the map.

C)

Official Map, Final Authority: Regardless of the existence of purported copies of the Official Zoning Map which may, from time to time, be made or published, the Official Zoning Map, which shall be located in the Office of the City Clerk, shall be the final authority as to the current zoning status of all land areas in the City.

D)

Replacement of Official Zoning Map: In the event the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the City Council may adopt a new Official Zoning Map, which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such corrections shall have the effect of amending the Original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk, and bearing the Seal of the City under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of the LDC of the City of Mascotte, Florida." Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

E)

Interpretation of District Boundaries: Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

1)

Boundaries Approximately Following Streets, Highways, or Alleys. Boundaries indicated as approximately following the centerlines of streets, highways, or alleys, shall be construed to follow such centerlines. Streets, highways, or alleys, which serve as dividing lines between zoning districts, vacated by Ordinance of the City Council shall be assigned a Zoning District Classification(s), at the time of Vacation by the City Council. The City Council, in assigning said classification(s), shall assign to the vacated street, highway or alley, the same Zoning District Classification(s) of at least one (1) adjacent property.

2)

Boundaries Approximately Following Platted Lot Lines. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

3)

Boundaries Approximately Following City Limits. Boundaries indicated as approximately following City Limits shall be construed as following such City Limits.

4)

Boundaries Approximately Following Railroad Lines. Boundaries indicated as following railroad lines shall be construed to be midway between the railroad right-of-way.

5)

Boundaries Approximately Following Shorelines, Stream Beds, or Other Water Bodies. Boundaries indicated as following shorelines shall be construed to follow such shorelines, except where bulkhead lines have been established, the boundary lines shall follow the bulkhead lines. In the event of change in the shoreline, the boundary shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water, shall be construed to follow such centerlines. Any change in the shoreline must be the result of natural erosion and/or accretion of the land thereby causing the shoreline to be located in a different site than shown on the Official Zoning Map. The movement of the shoreline must not be the result of unnatural means, such as filling, excavation, or alteration of the grade of the land.

6)

Conflicts Between Platted Lot Line and Shoreline of a Water Body. In the event that a Zoning District Boundary Line follows both the platted lot line and the shoreline of a water body, the Zoning District Boundary Line shall be interpreted to follow the shoreline of a water body.

7)

Annexation or Contraction of Territory From City. Areas Annexed into the City shall be assigned a Zoning Classification as approved by the City Council. In the event of changes in the city limits removing territory from the City pursuant to F.S. Ch. 171, district boundaries shall be construed as moving with the city limits.

F)

District Regulations and Requirements: General Regulations:

1)

No building, structure, or land, shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

2)

Uses not designated as permitted by right or not permitted as a conditional use in a district shall be prohibited from that district unless such use is found to be similar and compatible pursuant to Section 3.6 herein. Conditional uses are permitted subject to additional regulations imposed. The conditional uses may be approved only by the City Council following proper application as described within this Code.

3)

In any business district, more than one structure housing a permitted principal use may be erected on a single commercial lot, provided that yard and other requirements of this Code shall be met for each structure and the total lot.

4)

Density under this Code shall be computed by multiplying the acreage by the number of allowable units. The Property Owners shall be allowed to build one (1) additional unit in cases where utilizing the above formula (acreage times allowable units) produces a fractional unit one-half (½) or greater. (For example: The Property Owner owns 1.05 acres. The Code allows twelve (12) units per acre. Utilizing this formula, this would compute to 12.6 allowable units on the site. The number of allowable units on this site would therefore be thirteen (13). Second example: The Property Owner owns 1.04 acres. The Code allows twelve (12) units per acre. Utilizing the formula, this would compute to 12.48 buildable units. The total number of units allowable on this site would therefore be twelve (12).)

5)

No yard or lot existing at the time of passage of this Code shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Code shall meet at least the minimum requirements established by this Code.

6)

No part of a yard, or other open space, or off-street parking or loading space required about or in conjunction with any building for the purpose of complying with this Code shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

7)

No single-family residential lot may contain more than one (1) principal structure and no residential lot may contain more than one (1) principal use.

8)

The height limitations contained in the schedule of district regulations of Table 3-1 do not apply to water tanks, ventilators, or appurtenances required to be placed on the roof and not intended for human occupancy. Church steeples and crosses, cupolas, windmills, bell and clock towers, spires, belfries, domes, pitched roofs and any architectural features not intended for human occupancy shall not exceed twenty-five (25) feet above the eave line of the building. Ground-mounted flag poles shall not exceed a height of thirty-five (35) feet in non-residential districts and twenty-five (25) feet in residential districts. Non-architectural items extending above or on rooftops which are not governed by the Florida Building Code's height requirements, such as building-mounted flag poles, chimneys, and mechanical equipment, and associated appurtenances shall not extend more than fifteen (15) feet above the eave line. Items on rooftops which are governed by the Florida Building Code's height restrictions shall be limited to the minimum height necessary. Television receive-only (TVRO) and radio antennae used for domestic purposes shall not exceed twenty-four (24) inches in diameter and shall not extend more than three (3) feet above the highest point of the roof. See Article X in this Land Development Code for height regulations for telecommunication towers.

G)

Specific Regulations by District: The regulations for each zoning district are set forth in the following schedule. No lot shall be developed except to conform to the respective district requirements unless a variance has been granted in conformance with this Code.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2017-11-574, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-587, § 2(Exh. A), 9-26-2018)

Editor's note— Ord. No. 2018-09-587, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-574, but provided an updated effective date of September 26, 2018.

For the purposes of this Chapter, the following Zoning Districts are hereby established for use within the City of Mascotte's Land Use Categories as follows. Where the Official Zoning Map is unclear as to the zoning district applicable to a parcel of land, or where land is newly annexed, the provisions of this district shall govern pending the determination of an appropriate district through the rezoning procedure. Development criteria within each Zoning District is listed in Table 3-1 of this Land Development Code.

A)

The following are the zoning districts within the Agriculture Land Use designation: (maximum of one (1) dwelling unit per five (5) acres):

1)

G-AG; General Agriculture. This zoning district is intended to provide areas for agricultural uses as well as kennels, farm equipment, storage and equipment sales and maintain those uses away from the denser downtown area. It is the purpose of this district to protect such uses from unplanned urbanization so long as the land therein is devoted primarily to agricultural uses. Residential support will be limited to that of property caretaker (can include a family owning the property).

2)

S-AG; Suburban Agriculture. This zoning district is intended to provide a location for very rural residential development away from the denser downtown area, that may also include agricultural support components. The agricultural uses in this designation are intended to serve the needs of the landowners and are not to provide commercial agricultural activities, although equestrian stables and similar uses would be allowed in this district and similar uses. Property will generally consist of five (5) acres or more. Other uses such as retirement or adult living facilities, may be allowed because of the acreage size and location away from densities in this zoning district.

B)

The following are the zoning districts within the Rural Residential Land Use designation (up to one (1) unit per one (1) gross acre):

1)

RE; Rural Estates. This zoning district is intended to provide a location for the land situated on the fringe of the urban area that is used for single-family residential purposes. This zoning district is not intended to provide commercial agricultural activities, although a small equestrian stable and other limited number of farm animals may be considered on two (2) or more contiguous acres and if there is not negative impact on surrounding properties. This category also provides for conservation of natural resources through clustering of residential development. Non-residential land uses, other than home occupations and certain conditional uses, are prohibited, as specified in Table 3-1.

2)

UE; Urban Estates. This zoning district is intended to provide a location for the land situated on the fringe of the urban area that is used for single-family residential purposes. There would not be agriculture uses in this designation. This category also provides for conservation of natural resources through clustering of residential development. Non-residential land uses, other than home occupations and certain conditional uses, are prohibited, as specified in Table 3-1.

C)

The following are zoning districts within the Low Density Residential Land Use designations (one (1) to four (4) units per gross acre):

1)

LD-SFR; Low Density Single-Family Residential. This zoning district is intended to provide a location for single-family residential units with target sized lots with higher setback requirements. Non-residential land uses, other than home occupations, are prohibited, as specified in Table 3-1. The development or redevelopment of Affordable Housing is encouraged in this zoning district.

2)

LD-MFR; Low Density Multi-Family Residential. This zoning district is intended for multifamily units such as townhomes with larger lots and apartments with higher setback requirements. The number of units will be limited to maintain a low density. Non-residential land uses, other than home occupations, are prohibited, as specified in Table 3-1. The development or redevelopment of Affordable Housing is encouraged in this zoning district.

D)

The following are zoning districts within the Medium Density Residential Land Use designations (four (4) to eight (8) units per gross acre):

1)

MD-SFR; Medium Density Single-Family Residential. This zoning district is intended to provide a location for single-family residential areas, with smaller sized lots with lesser setbacks. Small Subdivisions consisting of single-family homes would fit this district. The development or redevelopment of Affordable Housing is encouraged in this zoning district.

2)

MD-MFR Medium Density Multi-Family Residential. This zoning district is intended for multifamily units such as townhomes or apartments. The number of units will be conducive to maintaining a medium density. The development or redevelopment of Affordable Housing is encouraged in this zoning district.

E)

The following are zoning districts within the High Density Residential Land Use designations (eight to twelve (8 to 12) units per gross acre):

1)

HD-SFR; High Density Single-Family Residential. This zoning district is intended to provide a location for single-family residential areas, such as large subdivisions consisting of single-family homes. This zoning district is primarily intended for areas shown on the Future Land Use Map as High Density Residential. The development or redevelopment of Affordable Housing is encouraged in this zoning district.

2)

HD-MFR; High Density Multi-Family Residential. This zoning district is intended for multifamily units such as apartment complexes and high-density townhome developments. The number of units will be conducive to maintaining a high density. Due to higher than average concentrations of persons and vehicles these districts are situated where they are well serviced by public and commercial services and have convenient access to thoroughfares and collector streets. The development or redevelopment of Affordable Housing is encouraged in this zoning district.

F)

The following are zoning districts within the Rural Neighborhood Mixed Use Land Use designations:

PUD-RM; Planned Unit Development Rural Neighborhood Mixed Use. This district is primarily intended to provide a location for lower density and intensity mixed use developments. PUDs may include a variety of land uses and intensities within a development to encourage walkable communities, discourage sprawl, preserve the environment, and reduce public investment in the provision of services. PUDs also place an importance on flexible and creative site design, public amenities, and building aesthetics. Rural Neighborhood Mixed Use places a stronger emphasis a greater amount of open space and lower residential density. Limited commercial uses that meet the needs of the community are encouraged.

G)

The following are zoning districts within the Community Mixed Use Land Use designations:

PUD-CM; Planned Unit Development Community Mixed Use. This district is primarily intended to provide a location for mixed use developments. PUDs may include a variety of land uses and intensities within a development to encourage walkable communities, discourage sprawl, preserve the environment, and reduce public investment in the provision of services. PUDs also place an importance on flexible and creative site design, public amenities, compatible public facilities, and building aesthetics. Community Mixed Use places a stronger emphasis on residential with limited commercial mixed in to support the residential component. Commercial development mixed in with residential support are encouraged in this zoning. The applicant of property designated and zoned as PUD-CM must demonstrate that any proposed non-residential, limited light industrial, or public/semi-public use or facility is internally compatible with other uses in the development and is compatible with the surrounding area.

The phrase "compatible with" means that the proposed non-residential, limited light industrial, or public/semi-public use or facility is not in conflict with other uses within the proposed development and uses of the surrounding area. Compatibility shall not be deemed to exist if the Council affirmatively determines that the proposed non-residential, limited light industrial, or public/semi-public use or facility adversely affects the other proposed uses in the development or existing uses in the surrounding area.

H)

The following are zoning districts within the Downtown Mixed Use Land Use designations:

1)

PUD-DM; Planned Unit Development Downtown Mixed Use. This district is primarily intended to provide a location for mixed use developments. PUDs may include a variety of land uses and intensities within a development to encourage walkable communities, discourage sprawl, preserve the environment, and reduce public investment in the provision of services. PUDs also place an importance on flexible and creative site design, public amenities, compatible public facilities, and building aesthetics. The Downtown Mixed Use places a stronger emphasis on commercial development that can be supported by residential components. The applicant of property designated and zoned as PUD-DM must demonstrate that any proposed residential uses, light industrial, or public/semi-public use or facility and their locations within the development are internally compatible with other uses on the property and are compatible with the surrounding area. The phrase "compatible with" means that the proposed residential, light industrial, or public/semi-public use or facility is not in conflict with other uses within the proposed development and uses of the surrounding area. Compatibility shall not be deemed to exist if the Council affirmatively determines that the proposed residential, light industrial, or public/semi-public use or facility adversely affects the other proposed uses in the development or existing uses in the surrounding area.

2)

LD-SFR, LD-MFR, MD-SFR, MD-MFR, HD-SFR, HD-MFR, PO, CC, and GC Zoning Districts, as described in this Section, are also zoning districts allowed within the Downtown Mixed Use Land Use Category.

I)

The following are zoning districts within the Commercial Land Use designations:

1)

PO; Professional Offices and Services. This commercial district is intended for professional offices and business service to meet the regular needs and for the convenience of the people of adjacent residential areas. It may be located adjacent to major streets and convenient and complementary to major commercial uses, it may be near residential areas to serve the needs of local residents or it may be located in mixed use areas. Because these businesses may be an integral part of the neighborhood, closely associated with residential, religious, recreational and educational uses, more restrictive requirements for light, air, and open space are made than are provided in other commercial districts.

2)

CC; Community Commercial. This commercial district is intended for the conduct of personal and business services and the general retail business of the community. Persons living in the community and in the surrounding trade territory require direct and frequent access. Traffic generated by the uses will be primarily passenger vehicles and only those trucks and commercial vehicles required for stocking and delivery of retail goods.

3)

GC; General Commercial. This district is used to provide for the retailing of commodities and the furnishing of several major services, selected trade shops and retail automotive type repairs (lube and oil change stores). Small automotive repair may be allowed if they do not negatively impact surrounding properties. Characteristically, this type of district occupies an area larger than that of other commercial districts, is intended to serve a considerably greater population and offers a wider range of services.

J)

The following are zoning districts within the Industrial Land Use designations:

1)

LI; Light Industrial. This district is intended primarily for manufacturing and assembly plants and warehousing that are conducted so the noise, odor, dust and glare of each operation is completely confined within an enclosed building or enclosed and buffered outdoor area. Buildings in this district should be architecturally attractive and surrounded by landscaped yards. Smaller industrial operations would also fit in this district. Businesses with regular and frequent truck or other transportation deliveries will be placed in this district. Heavy commercial uses such as large auto repair shops and auto body repair shops, tire stores and retail stores storing large equipment will be placed in this district.

2)

HI; Heavy Industrial. This district is primarily intended for wholesale, storage, warehousing, manufacturing, assembling, adult entertainment and fabrication. These uses do not depend primarily on frequent personal visits of customers or clients, but usually require good accessibility to major transportation facilities. Larger industrial operations would also fit in this district as would the highest level of truck or other transportation deliveries. Extremely large structures, noise factors, and noxious odors are some of the negative impacts to certain property uses that would move this type of use into the Heavy Industrial district.

K)

The following are zoning districts within the Recreation and Open Space Land Use designations:

1)

PB-REC; Public Recreation. This district is intended to cover Public parks and public recreational facilities that stand alone and are not connected to a mixed use development. Caretaker homes and cabins would be the only dwelling structures allowed in this district.

2)

PR-REC; Private Recreation. This district is intended to cover Private parks and private recreational facilities that stand alone and are not connected to a mixed use development. Development will be addressed through a PUD process.

L)

The following are zoning districts within the Public/Semi-Public Land Use designations:

1)

CT-GOV; City Government Property. This district is intended to designate property owned or leased by the City of Mascotte.

2)

OT-GOV; Other Government Property. This district is intended to designate property owned or leased by government entities other than the City of Mascotte.

3)

PR-NP Private Nonprofit Property. This district is intended to designate property that is private, but is a nonprofit use such as churches, educational facilities, institutions, community residential and foster homes social services, cemeteries, nursing homes, emergency shelters, utilities and other similar uses.

M)

The following are zoning districts within the Conservation Land Use designations:

CON; Conservation. This district would designate conservation areas that protect wetlands, natural resources, floodplains and unique ecological communities as well as other environmentally sensitive lands. These lands are marked Conservation to protect them and will be located through the City's developments.

N)

The following are zoning districts within the Green Swamp Conservation Land Use Designation:

1)

GS-CON; Green Swamp Conservation. This zoning district would designate conservation areas within the Green Swamp that protect wetlands, natural resources, floodplains, and unique ecological communities, as well as other environmentally sensitive lands. These lands are generally characterized as being primarily composed of floodplains, hydric soils, and wetlands that drain toward the Withlacoochee River. Said conservation areas would either be owned by a public agency or under a conservation easement dedicated to a public agency. No building or development is allowed within this zoning district.

2)

GS-CAG Green Swamp Conservation Agricultural. This zoning district is intended to provide areas for agricultural uses that are compatible with the Principles Guiding Development within the Green Swamp while protecting its natural resources. These lands are generally characterized as a mix of uplands and wetlands, with the connected uplands being of sufficient area to support agricultural uses. Residential uses shall be limited to single-family dwellings. Non-agricultural, non-residential uses shall be limited to passive parks, passive recreation, and non-commercial equestrian. Maximum allowable density is one (1) dwelling unit per ten (10) acres; minimum required open space is eighty (80) percent.

O)

The following are zoning districts within the Green Swamp Rural Land Use Designation:

1)

GS-CON; Green Swamp Conservation. This zoning district would designate conservation areas within the Green Swamp that protect wetlands, natural resources, floodplains, and unique ecological communities, as well as other environmentally sensitive lands. These lands are generally characterized as being primarily composed of floodplains, hydric soils, and wetlands that drain toward the Withlacoochee River. Said conservation areas would either be owned by a public agency or under a conservation easement dedicated to a public agency. No building or development is allowed within this zoning district.

2)

GS-RAG; Green Swamp Rural Agricultural. This zoning district is intended to provide areas for agricultural uses that are compatible with the Principles Guiding Development within the Green Swamp while protecting its natural resources. These lands are generally characterized as a mix of uplands and wetlands, with the connected uplands being of sufficient area to support agricultural uses. Residential uses shall be limited to single-family dwellings. Non-agricultural, non-residential uses shall be limited to passive parks, passive recreation, and non-commercial equestrian. Maximum allowable density is one (1) dwelling unit per five (5) acres; minimum required open space is sixty (60) percent.

P)

The following area zoning districts within the Green Swamp Neighborhood Land Use Designation:

GS-RE; Green Swamp Rural Estates. This zoning district is intended to provide a location for rural residential development within the Green Swamp. These lands are generally characterized as uplands outside the floodplain, with little or no wetlands. Any development greater than one (1) dwelling unit per five (5) areas within this zoning district requires municipal water and municipal sanitary sewer utilities. Any agricultural uses in this designation are intended to serve the needs of the landowners and are not to provide commercial agricultural activities, although equestrian stables and similar uses would be allowed in this district. Maximum allowable density is two (2) dwelling units per one (1) acre; minimum required open space is forty (40) percent.

Q)

The following are zoning districts within the Green Swamp Site Specific Future Land Use Designation:

GS-SSLC; Green Swamp Site Specific Limited Commercial. This district is intended to permit and regulate non-residential land uses on specific parcels identified as follows:

Parcel Number 17-22-24-0001-0000-3400, Parcel Number 17-22-24-0001-0000-0300, and Parcel Number 17-22-24-0001-0000-0600, as defined by the Lake County Property Appraiser (commonly known as "Boykin Parcels")

Any land use and land development within this zoning district must specifically comply with Future Land Use Element Policy A4-2.7 of the Future Land Use Element of the City's Comprehensive Plan, as well as any other applicable Policy within the Comprehensive Plan and any applicable regulations within this Code. No person shall undertake any development within this zoning district except in accordance with chapter 380, Florida Statutes. In addition to the notice requirements required in this Code, the state land planning agency shall receive notice of any application for a development permit within this zoning district. Any development order issued pursuant to this Code for property in this zoning district shall be rendered to the state land planning agency and shall not become effective until a review has been conducted pursuant to F.S. § 380.07(2), and Rule 73C-44.003, Florida Administrative Code, all as amended from time to time.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2011-05-496, § 2, 6-6-11; Ord. No. 2012-02-501, § 2(Exh. A), 3-5-12; Ord. No. 2017-01-556, § 4(Exh. A1), 3-20-17; Ord. No. 2017-11-574, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-587, § 2(Exh. A), 9-26-2018)

Editor's note— Ord. No. 2018-09-587, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-574, but provided an updated effective date of September 26, 2018.

A)

Community Redevelopment Area (CRA): The Community Redevelopment Area (CRA) was established by the City of Mascotte in 2005. The limits of the CRA are as described in Section 7.2 of the Land Development Code.

1)

A mix of residential, commercial, and other zoning districts are allowed within the CRA.

2)

The development or redevelopment of Affordable Housing shall be encouraged within the CRA.

3)

Reuse of existing non-residential buildings that have been unoccupied for a period of six (6) months.

a)

Approval. The reuse of an existing non-residential building within the limits of the CRA that has been unoccupied for a period of six (6) months shall be approved through the Commercial and Industrial Site Plan Review process. The City Council may, as part of the Site Plan Review process, waive requirements for parking, landscaping, and other site improvements.

b)

Building Code. The reuse of an existing non-residential building within the limits of the CRA that has been unoccupied for a period of six (6) months shall require that at the building be brought into compliance with the Florida Building Code, including, but not limited to, ADA requirements and fire safety requirements.

B)

Green Swamp Overlay Area: The Green Swamp Overlay Area is established by the City of Mascotte to effectively and equitably conserve and protect the Green Swamps' environmental and economic resources, provide a land and water management system to protect such resources, and facilitate orderly and well-planned growth. The regulations in this Section are intended to implement the Principles Guiding Development in the Green Swamp Area of Critical State Concern (Florida Administrative Code 28-26.003), which are as follows:

1)

Minimize the adverse impacts of development on resources of the Floridan Aquifer, floodplain, and wetlands.

2)

Protect or improve the normal quantity, quality, and flow of ground water and surface water which are necessary for the protection of resources of state and regional concern.

3)

Protect or improve the water available for aquifer recharge.

4)

Protect or improve the functions of the Green Swamp Potentiometric High of the Floridan Aquifer.

5)

Protect or improve the normal supply of ground and surface water

6)

Prevent further salt-water intrusion into the Floridan Aquifer.

7)

Protect or improve existing ground and surface-water quality.

8)

Protect or improve the water-retention capabilities of wetlands.

9)

Protect or improve the biological-filtering capabilities of wetlands.

10)

Protect or improve the natural flow regime of drainage basins.

11)

Protect or improve the design capacity of flood-detention areas and the water-management objectives of these areas through the maintenance of hydrologic characteristics of drainage basins.

In order to achieve these objectives, the following regulatory guidelines are established:

1)

Development Assessments. Any application for any development, other than an application for a building permit for a single-family dwelling unit, or a building that is accessory to a single-family dwelling unit, shall include a "Green Swamp Development Assessment." This assessment shall demonstrate how the proposed development is in compliance with the regulations within this Section, the Comprehensive Plan, and any other regulation in this Code. This assessment shall specifically address uses, open space, floodplain, wetlands, listed species, on-site sewage disposal, sediment and erosion control, stormwater management, and landscaping and irrigation. This assessment shall also demonstrate the manner in which the development application has considered the following:

a)

Minimize the adverse impacts of development on resources of the Floridan Aquifer, floodplain, and wetlands.

b)

Protect or improve the normal quantity, quality, and flow of ground water and surface water which are necessary for the protection of resources of state and regional concern.

c)

Protect or improve the water available for aquifer recharge.

d)

Protect or improve the functions of the Green Swamp Potentiometric High of the Floridan Aquifer.

e)

Protect or improve the normal supply of ground and surface water

f)

Prevent further salt-water intrusion into the Floridan Aquifer.

g)

Protect or improve existing ground and surface-water quality.

h)

Protect or improve the water-retention capabilities of wetlands.

i)

Protect or improve the biological-filtering capabilities of wetlands.

j)

Protect or improve the natural flow regime of drainage basins.

k)

Protect or improve the design capacity of flood-detention areas and the water-management objectives of these areas through the maintenance of hydrologic characteristics of drainage basins.

In addition, the applicant shall prepare a "Green Swamp Engineering Assessment," which shall include the following:

a)

A description of the scope of the proposed development.

b)

Wetlands delineation and assessment, prepared by a qualified biologist or environmental scientist, in accordance with Florida Department of Environmental Protection and/or United States Army Corps of Engineers methodologies.

c)

Maps of the site, prepared by a registered professional engineer or geologist registered in the State of Florida, which shall include:

• A soil analysis.

• The topography in not more than one (1) foot contours in the wetlands and two (2) foot contours in the uplands.

• The current 100-year floodplain areas, designations, and elevations.

d)

A statement by a registered professional engineer or geologist indicating expected changes in the quality and quantity of ground water discharge and artisan aquifer recharge of the site before, during, and after development and specifying any measure necessary to approximate existing quality and quantity in surface and ground waters.

e)

A statement or assessment by a registered professional engineer that drainage facilities shall release water in a manner approximating the natural local surface flow regime, through a spreader pond of performance equivalent structure or system, either on-site or to a natural retention or natural filtration and flow area.

2)

Clustering of development. All development shall be clustered away from the most environmentally-sensitive lands and configured in a manner that preserves connections between existing environmentally-sensitive lands. Single-family residential lots shall be clustered in any development, with the remaining land to be used for open space.

3)

Access. Any parcel approved for development by the City shall have frontage on a publicly-maintained roadway. Building permits may be issued for parcels that do not have frontage on said roadways if the parcel was created prior to the adoption of the 1991 Lake County Comprehensive Plan.

4)

Roadways. New roadways are permitted only in land located within the Green Swamp Rural Estates (GS-RE) or Green Swamp Site Specific Limited Commercial (GS-SSLC) zoning districts. New roadways shall be limited to two (2) travel lanes.

5)

Agricultural and silvicultural uses. Agricultural and silvicultural operations shall utilize and follow best management practices (the applicable Florida Department of Agriculture Water Quality Best Management Practices Manual for the specific agricultural operation and/or Florida Forest Service Silvicultural Best Management Practices Manual) to reduce conflicts with natural habitat and environmentally-sensitive lands to the greatest extent possible.

6)

Prohibited primary or accessory uses. Uses within the Green Swamp shall be as allowed in Section 3.11 (Use Regulations), Table 3-2, of this Code. In addition, the following uses are specifically prohibited as either a primary use or an accessory use:

a)

Peat mining and phosphate mining.

b)

Solid waste management facilities (landfills, transfer stations, drop-off facilities, or material recovery facilities).

c)

Wastewater treatment plants and wastewater spray fields (when wastewater has not been treated to advanced wastewater treatment standards).

d)

Spreading of sludges.

e)

Golf courses.

f)

Dry cleaning plants.

g)

Petroleum pipelines, petroleum-related industries, and fuel wholesalers.

h)

Chemical manufacturers and distributers.

i)

Fertilizer manufacturers and distributers.

j)

Underground storage tanks.

7)

Uses requiring an NPDES Permit. With the exception of general construction activities, facilities engaged in industrial activities that require a National Pollution Discharge and Elimination System (NPDES) Permit for Stormwater Associated with Industrial Activities (Chapter 40, CFR Part 122) shall not be permitted within the Green Swamp as either primary uses or accessory uses.

8)

Open Space. Development within the Green Swamp shall include open space as required by the zoning district.

a)

Open space within the Green Swamp is defined as a portion of the gross land area that remains unencumbered by any building, canopy, roadway, pavement, or other impervious surfaces and remains open from the ground to the sky.

b)

Floodplain and wetlands may be included in the calculation of open space. Surface waters shall not be included in the calculation of open space. Stormwater management ponds, other stormwater management improvements, and on-site sewage disposal systems may be located within the designated open space.

c)

Open space shall not be included as part of any platted lot and shall be shown on the plat as a common area, which shall be deeded to the property owner's association or the City at the City's option, for ownership and maintenance.

9)

Floodplain. Development within the one-hundred-year floodplain (or known as "flood hazard area;" defined as that area that lies within Zone A or Zone AE as delineated by the FEMA Flood Insurance Rate Map) shall be limited as follows:

a)

For parcels that include land both outside the floodplain and within the floodplain, no development shall be allowed within the floodplain.

b)

For parcels that are entirely within the floodplain and that were created prior to the adoption of the 1991 Lake County Comprehensive Plan, the maximum residential density shall be one (1) dwelling unit per ten (10) acres. Non-residential development shall be prohibited on parcels that are entirely within the floodplain.

c)

For any proposed subdivision or development that includes more than five (5) acres within the floodplain, a flood study shall be performed in accordance with FEMA Guidelines and Specifications for Flood Hazard Mapping Partners. The construction of a single-family residence shall be exempt from this requirement.

d)

The lowest habitable floor of any single-family dwelling shall be a minimum of twelve (12) inches above the one-hundred-year flood elevation.

10)

Wetlands. Development within, adjacent to, or near wetlands shall be limited as follows:

a)

No new development shall be located within fifty (50) feet of the furthest upland extent of any wetlands or water body. This shall be considered the upland buffer.

b)

No development shall be allowed within wetlands except to provide access to a site where no feasible alternative exists.

c)

Wetlands and upland buffers shall be maintained in their natural and unaltered state. However, controlled bums, selective thinning, and ecosystem restoration and maintenance are permissible activities within the wetlands and upland buffers, provided they are performed in accordance with current Silvicultural Best Management Practices published by the Division of Forestry.

d)

Wetlands and upland buffers within a development project shall be placed in a conservation easement, to the extent allowed by law, which shall run in favor of and be enforceable by the City, other governmental agency or a qualified non-profit conservation organization. The conservation easement shall require that the wetlands remain in their natural and unaltered state other than the removal of invasive vegetative species and replacement with native vegetative species.

e)

In addition to the conservation easement describe above, wetlands and upland buffers shall not be included as part of any platted lot and shall be shown on the plat as a common area which shall be deeded to the property owner's association or the City, at the City's option, for ownership and maintenance.

f)

Residential density may be transferred from wetlands to uplands at a rate of one (1) dwelling unit per twenty (20) acres. No density shall be transferred from parcels that are less than twenty (20) acres.

g)

Wetlands within the Green Swamp shall be further regulated by Section 5.7, Part D, of this Code (Wetlands Preservation).

11)

Protection of Listed Species. Any new development application within the Green Swamp shall include a field study for listed species (flora or fauna identified as endangered, threatened, or special concern by the US Fish and Wildlife Service and/or the Florida Fish and Wildlife Commission). If it is determined that listed species are located on the parcel, a habitat management plan shall be prepared and implemented as part of the development. Said management habitat plan shall be reviewed and approved by the US Fish and Wildlife Service and/or the Florida Fish and Wildlife Commission.

12)

Containment. Any land use within the Green Swamp that proposes to store and/or sell materials such as sand, peat, soil, and/or rock, or similar new or recycled materials, must provide adequate containment and storage. Land uses that propose to store products such as petroleum-based materials, metals or metallic materials, asphalt, paints, or other similar materials, must provide an impervious base for the materials and curbing as required so that there is no discharge of run-off or contact water from the materials. Vehicle or equipment repair areas must provide an enclosed space or an impervious base with secondary containment as required so that there is no discharge of any liquids to groundwater.

13)

On-Site Sewage Disposal System (Septic Systems). No new on-site sewage disposal system (septic system), or any component thereof, including, but not limited to, septic tanks, dosing tanks, and drainfields, shall be located within one hundred (100) feet of the furthest upland extent of any wetlands or water bodies. Both new and existing on-site sewage disposal systems shall be inspected and maintained in accordance with Section 5.7, Part G, of this Code (Green Swamp).

14)

Stormwater Management. Within the Green Swamp, in addition to any other requirements within this Code or as may be required by any other local, state, or federal agency, all stormwater management systems shall meet the following requirements:

a)

Stormwater quality best management practices shall be required to treat the greater runoff volume from either the first one (1) inch of rainfall over the entire parcel (less floodplain and wetlands) or the first two and one-half (2½) inches of rainfall over the impervious surfaces.

b)

Stormwater management systems located within areas that have soils designated as Hydrologic Soil Group "A" (HSG A) must specifically retain and infiltrate the run-off from the either the first three (3) inches of rainfall or the mean-annual, twenty-four-hour rainfall event, whichever is greater, over directly-connected impervious surfaces.

c)

Runoff volume discharged from impervious surfaces within non-residential developments must be treated through a filtering or cleansing device or other best management practice that specifically removes a minimum of sixty (60) percent of oils and greases from the stormwater discharge.

d)

Residential developments shall designate a specific entity that is responsible for the maintenance and operation of the stormwater management system for the development.

e)

Each owner of a non-residential parcel shall be responsible for the maintenance and operation of the stormwater management system on that parcel.

15)

Irrigation and Landscaping. Within the Green Swamp, the irrigated area of any parcel shall be limited as follows:

a)

The irrigated area of any single-family lot shall not exceed ten thousand (10,000) square feet.

b)

The irrigated area of any non-residential developments shall not exceed the size of the building footprint of the primary building.

c)

Irrigation of agricultural uses shall be regulated by the appropriate water management district.

d)

For non-agricultural uses, fertilizer may be applied no more than four (4) times per year and may not be applied during the months of June, July, August, and September.

In addition, Best Management Practices for native landscaping and "right plant-right place" landscaping techniques shall be utilized to provide compatibility with the natural environment and minimize the use of chemicals, pesticides, and water for irrigation. No invasive exotic plant species shall be used in landscaping.

16)

Other Development Regulations.

a)

Dark skies shall be preserved through requirements as stipulated in the development order permitting the development on the site or as a requirement of the site plan.

b)

Maintain, enhance and protect corridors for wildlife movement in coordination with adjacent properties, by linking wildlife management areas and parks, buffering small wildlife populations, or other approved methods to facilitate daily or seasonal wildlife movement.

c)

Minimize site disturbance and alteration of terrain, through use of design techniques that protect native vegetation and minimize earth movement such as reduced lane widths, stem-wall construction, and swales.

d)

Site alterations shall be done in a manner that supports the following objectives:

• Maintain or improve the natural surface water flow regime;

• Maintain or improve the natural recharge capabilities of the site; and

• Prevent the siltation of wetlands, maintain or improve the natural retention and filtering capabilities of wetlands

e)

Groundwater withdrawal shall not result in a reduction of the minimum flows and levels per acre as determined by the St. John's River Water Management District or the Southwest Florida Water Management District, or their successor agencies

17)

Adjacent Non-Conforming Parcels. Within the Green Swamp, if two (2) or more adjacent vacant non-conforming parcels, in single ownership on or after January 1, 2016, the parcels shall be considered one (1) single undivided parcel for all purposes within this Code, including the calculation of Density and Open Space as determined in this Code. Such parcels should be combined into a single parcel (with a single tax identification number) prior to any application for development or application for a building permit being submitted to the City.

18)

Most Stringent Regulation. Development within the Green Swamp shall be regulated by this section of the Land Development Code, other section of the Land Development, policies included in the Future Land Use Element of the Comprehensive Plan, and policies included in the Conservation Element of the Comprehensive Plan. Where there is a conflict in policy, standard, or regulation, the more stringent shall apply.

19)

State Planning Agency. The City shall notify the State Planning Agency when any applications for land development in the Green Swamp have been received. All development orders in the Green Swamp shall be rendered to the State Planning Agency and shall not become effective until a review has been conducted, Florida Administrative Code, all as amended from time to time.

20)

Vested Rights. Vested rights within the Green Swamp, as defined by Florida Statutes, shall not be abridged by this Code. Any person whose rights are vested may seek a determination of vested rights from the City or the State Planning Agency pursuant to Rule 28-28.004, Florida Administrative Code, as may be amended from time to time.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2017-01-556, § 4(Exh. A1), 3-20-17; Ord. No. 2017-11-574, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-587, § 2(Exh. A), 9-26-2018)

Editor's note— Ord. No. 2018-09-587, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-574, but provided an updated effective date of September 26, 2018.

A)

Permitted Uses: Table 3-2 lists the principal uses which will be permitted on a parcel or lot in the zoning districts established in this Article.

B)

Planned Unit Developments Uses: Uses that can be developed as a Planned Unit Development (PUD) are:

1)

Planned residential communities. Complementary and compatible nonresidential uses may be included if they are harmoniously designed into the total residential community within a Planned Unit Development District.

2)

Planned commercial centers. Complementary and compatible residential and industrial uses may be included if they are properly designed into the total commercial center within a Planned Unit Development District.

3)

Planned industrial parks. Complementary and compatible residential and commercial uses may be included if properly related to the total industrial park within a Planned Unit Development District.

4)

Use of a commercial motor vehicle, trailer, or any other motor vehicle or temporary structure placed or parked on a lot in which, out of which, or from which any goods are sold or stored, any services are performed, or other business conducted without obtaining special permission of the City pursuant to subsections E) through G of this section.

5)

Mobile food trucks except in accordance with Chapter 10, Article IX of the Mascotte Code of Ordinances and/or subsection E) through G) of this section.

6)

Bars or cocktail lounges offering alcoholic beverages for consumption on the premises that are not incidental to or within a portion of a building used for a bonafide restaurant seating not less than forty-five (45) patrons.

7)

Adult Entertainment Establishments except as permitted by these regulations.

8)

Parking of passenger vehicles or commercial motor vehicles when such parking is operated as a commercial enterprise on the property or premises. When the permitted principal use of the property is auto body repair, auto sales, and boat sales and service, the parking of vehicles or boats being repaired, rented, or sold is permitted as part of the principal use so long as the principal structure is located on the property. A commercial motor vehicle owned by the owner of the business located on the property or premises in a non-residential district may be parked overnight provided that it is associated with and incidental to the principal use of the business located on the property and is parked behind the business; or, if sufficient rear lot space is not available, in the least visible space from any right-of-way and abutting property. If the non-residential premises is adjacent to or abuts any residential district or a residential area of a planned unit development, such commercial motor vehicles must be completely screened from view such that the vehicles are not visible from any public right-of-way or the adjacent or abutting properties. This subsection (7) shall not apply to complementary use parking areas as described in Section 22-7(c)(9) of this Land Development Code.

C)

Prohibited Uses: Without limiting the generality of the foregoing provision, the following uses are specifically prohibited in all districts:

1)

Any use that involves the manufacture, handling, sale, distribution or storage of any highly combustible or explosive materials in violation of the City's Fire Prevention Code.

2)

Stockyards, slaughterhouses, and rendering plants.

3)

Use of a travel trailer as a temporary or permanent residence.

4)

Use of a commercial motor vehicle, trailer, or any other motor vehicle or temporary structure placed or parked on a lot in which, out of which, or from which any goods are sold or stored, any services are performed, or other business conducted without obtaining special permission of the City pursuant to subsections E) through G) of this section.

5)

Mobile food dispensing vehicles except in accordance with Chapter 10, Article IX of the Mascotte Code of Ordinances and/or subsection E) through G) of this section.

6)

Bars or cocktail lounges offering alcoholic beverages for consumption on the premises that are not incidental to or within a portion of a building used for a bonafide restaurant seating not less than forty-five (45) patrons.

7)

Adult Entertainment Establishments except as permitted by these regulations.

8)

Parking of passenger vehicles or commercial motor vehicles when such parking is operated as a commercial enterprise on the property or premises. When the permitted principal use of the property is auto body repair, auto sales, and boat sales and service, the parking of vehicles or boats being repaired, rented, or sold is permitted as part of the principal use so long as the principal structure is located on the property. A commercial motor vehicle owned by the owner of the business located on the property or premises in a non-residential district may be parked overnight provided that it is associated with and incidental to the principal use of the business located on the property and is parked behind the business; or, if sufficient rear lot space is not available, in the least visible space from any right-of-way and abutting property. If the non-residential premises is adjacent to or abuts any residential district or a residential area of a planned unit development, such commercial motor vehicles must be completely screened from view such that the vehicles are not visible from any public right-of-way or the adjacent or abutting properties. This subsection (7) shall not apply to complementary use parking areas as described in Section 22-7(c)(9) of this Land Development Code.

D)

Affordable Housing. Reserved.

E)

Temporary Retail Uses: The following uses and supporting structures shall be permitted by obtaining a Special Retail Use Permit from the City of Mascotte (Temporary Retail Uses shall be prohibited in the Green Swamp):

F)

Temporary Special Event Uses. The following uses and supporting structures shall be permitted by obtaining a Special Event Use Permit from the City of Mascotte (Temporary Special Events within the Green Swamp must be approved by the State Planning Agency at least 30 days prior to the start date):

G)

Temporary Special Event Use by the City of Mascotte. The following uses and supporting structures shall be permitted by obtaining a Special Event Use Permit from the City of Mascotte (Temporary Special Events within the Green Swamp must be approved by the State Planning Agency at least 30 days prior to the start date):

H)

Temporary Construction Trailers. Temporary Construction Trailers are permitted through the normal building permit application and inspection process with the following special condition:

1.

The temporary construction trailer use permit is issued for six (6) months with one (1), six-month extension allowed. Larger development projects may require more than one (1) year's time period for use of a temporary construction trailer. If that is anticipated it must be addressed in an associated development agreement at or prior to issuance of the permit.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2008-07-466, § 1, 8-4-2008; Ord. No. 2012-08-508, § 3, 9-6-12; Ord. No. 2017-01-556, § 4(Exh. A1), 3-20-17; Ord. No. 2017-11-574, § 2(Exh. A), 11-14-17; Ord. No. 2017-12-578, § 5, 12-5-17; Ord. No. 2018-08-583, § 3, 8-7-18; Ord. No. 2018-09-587, § 2(Exh. A), 9-26-2018; Ord. No. 2020-12-610, § 3, 12-1-20; Ord. No. 2021-05-614, § 4, 8-3-21, eff. 10-1-21)

In the Agricultural district, the following accessory uses shall be allowed, subject to the limitations set forth below:

A)

Roadside stands which do not exceed two hundred (200) square feet in gross floor area shall be permitted in conjunction with agricultural operations subject to the following:

1)

Shall be permitted only during crop harvesting season, and shall be removed, except during such season;

2)

Shall be used primarily for the sale of agricultural products grown in the area;

3)

Shall be located a minimum distance of thirty (30) feet from the street right-of-way line and not closer than ten (10) feet to any lot line;

4)

Shall be located so as to provide for adequate off-street parking spaces and safe ingress and egress to the property; and

5)

Except for building-mounted signs, the stand may have only one (1) sign visible from each direction, which sign may not exceed thirty (30) inches in height.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08)

A)

In residential districts, the following Accessory Uses shall be allowed, subject to the limitations set forth below:

1)

Accessory structures, including:

a)

Antenna structures. See Section 5.17 and Article X in this Land Development Code.

b)

Children's playhouses, not to exceed one hundred forty-four (144) square feet of gross floor area, and juvenile play equipment.

c)

Residential detached garages, which shall which shall be no less than two hundred forty (240) square feet, no more than seven hundred twenty (720) square feet, and which shall be of similar building type, materials, and color as the residence.

d)

Detached carports for automobiles, boats, recreational vehicles, and other non-commercial vehicles and trailers, which shall be no more than four hundred eighty (480) square feet, and which shall be of similar building type, materials, and color as the residence.

e)

A single shed or storage building no more than one hundred forty-four (144) square feet.

f)

Gazebos and similar structures which shall be no more than one hundred forty-four (144) square feet.

g)

Swimming pools, spas and enclosures.

h)

Doghouses and other similar structures for the keeping of dogs and cats.

i)

Home occupations, subject to the limitations in Section 3.15 of this Article.

j)

Boat docks and docked or moored boats.

k)

A stable with a capacity for not more than two (2) horses in permitted agricultural and residential districts.

l)

Accessory Apartment, including guest cottages and garage apartments with living units having less than eight hundred (800) square feet of floor area for noncommercial occupancy only. A separate guest house, guest cottage, or apartment must meet Building Code requirements. Kitchen facilities that include a stove are not allowed.

m)

Car shades that do not exceed ten (10) feet in height at peak, ten (10) feet in width, and twenty (20) feet in length.

B)

Except for car shades, attached Garages, and Landscaped fish ponds, uses accessory to residential uses must be located to the rear or side of the house and will be prohibited in the front yards. Uses accessory to residential uses must also match or blend with the residence using the same or similar building material.

C)

Sheds that are less than or equal to one hundred forty-four (144) square feet and have no dimension greater than twelve (12) feet (including height), are required to meet all zoning requirements and obtain a zoning permit and inspection but are not required to obtain a building permit.

D)

Garages and carports, either attached or detached, per Table 3-1 shall be a similar or identical building type, materials, finish, and color as the residence. The total of floor area of garages and carports shall not exceed fifty percent (50%) of the floor area of the living space of the residence.

E)

Car shades are required to meet all zoning requirements and obtain a no fee zoning permit, but are not be required to obtain a building permit. Car shades shall be secured to the ground at all times when in use.

F)

All Accessory Structures must meet all zoning requirements found in Table 3-1, LDC Zoning Regulations.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2012-08-508, § 5, 9-6-12; Ord. No. 2013-12-517, § 3, 2-3-14; Ord. No. 2017-07-571, § 3, 8-1-17; Ord. No. 2021-11-626, § 3, 11-2-21)

The purpose and intent of these regulations is to reasonably allow for a home to be used as a "doing business address". The regulations permit low impact business activities from the home while assuring that they are limited and controlled so they do not negatively impact the residential areas where they are located. Home occupations shall only be allowed provided the following specified conditions are met:

A)

No person other than the members of the family residing on the premises shall be engaged in such occupations. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and shall under no circumstances change the residential character of the residence or neighborhood.

B)

There shall be no change in the outside appearance of the building or premises, no display or goods, or other visible evidence of the conduct of such home occupation from the right-of-way or adjacent properties.

C)

No home occupation shall be conducted in an accessory building; such occupation must be conducted in the residence of the owner.

D)

No home occupation shall occupy more than twenty-five (25) percent of the living area of the residence, exclusive of the area of any open porch or attached garage or similar space not suited or intended for occupancy as living quarters. Rooms which have been constructed as an addition to the residence, or any attached porch or garage which has been converted into living quarters, shall be considered as living area.

1.

Home Daycare, as defined by the State of Florida and meeting County and State requirements, shall be exempt from the twenty-five (25) percent of the living area of the residence requirement.

E)

No occupations shall generate greater volumes of traffic than would normally be expected in a residential neighborhood.

F)

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

G)

The following shall not be permitted as Home Occupations including, but not limited to: Beauty shops, barbershops, nail salons, swimming instructor, art studio for group instruction, public dining facility or tea room, antique or gift shops, boatbuilding, cabinetmaking, animal grooming or kenneling, furniture, radio, or television repair, personal counseling or training services, refinishing or building, metal fabrication or other similar activity including uses of welding or cutting torches, showroom or display area, funeral homes, medical or dental laboratories, medical marijuana dispensing organization, medical marijuana treatment center, photographic studio, fortune-telling, outdoor repair, food processing, sale of antiques, retail sales, nursery school or kindergarten and any other activity similar to any of the activities listed herein as well as any and all State or County prohibited Home Occupations. No prohibited land use shall be approved as a home occupation. The giving of group instruction shall not be deemed a home occupation, however the giving of individual instruction to one (1) person, such as an art or piano teacher, shall be deemed a home occupation, provided, however, that these provisions shall apply to prohibiting individual instruction as a home occupation for those activities listed in above. Home schooling by residents for their own children shall not be considered a home occupation. Fabrication of articles such as are commonly classified under the terms "arts and handicrafts" may be deemed a home occupation, subject to the other terms and conditions of this definition.

H)

Any person desiring to conduct a home occupation in a district where such use is permitted shall first apply to the City Manager or designee for such home occupation permit and shall pay any fee for such permit as set by resolution of City Council. Such application shall be on a form prepared by the City, and shall include, at a minimum, the following information:

1)

Name of applicant.

2)

Location of residence wherein the home occupation, if approved, will be conducted.

3)

Total floor area of the first floor of the residence.

4)

Area of the room or rooms to be utilized for the conduct of the home occupation.

5)

A sketch showing the floor plan and the area thereof to be utilized for the conduct of the home occupation.

6)

The nature of the home occupation sought to be approved.

7)

Affidavit by applicant attesting to the validity and accuracy of the application and affirming understanding of the home occupation requirements.

8)

Any additional information to ensure that all application materials are complete and clear. An incomplete or unclear application shall provide justification to deny an application.

9)

If any home occupation requires a permit from the State of Florida or any agency thereof, the applicant shall provide a current, valid copy of any such permit or license before any such occupation shall be conducted. Any such license or permit from the State or any agency thereof shall be kept active and current as a condition of retaining the home occupation permit of the City, and the duplicate copy shall be filed with the City Manager or designee at the time of all subsequent renewals.

10)

If the home is in a neighborhood with a homeowners' association, a letter from the HOA Board granting approval of the applicant's request for a home occupation, if such is required by HOA documents.

I)

A home occupation inspection may be conducted upon reasonable notice by the City to verify information in the application, and, applicants shall consent to entry on his/her property by the City upon reasonable notice to inspect for compliance with this Article. Any time after a home occupation permit is issued, the City may conduct an inspection upon reasonable notice only for the purpose of determining compliance with this Section.

J)

Upon compliance with the foregoing procedure, the City Manager or designee shall issue a permit for such home occupation. The City Manager or designee may add special conditions to the home occupation permit related to the operation of the business to ensure compliance with this Article. Any home occupation permit may be reviewed and/or revoked by the City Council.

K)

Any denial of a home occupation permit by the City Manager or designee may be appealed pursuant to the provisions of the Article.

L)

The Code Enforcement Board shall determine violations, fines, or penalties for violations of this Article relating to home occupations. Such violations shall be treated as an unpermitted use within the zoning classification. The Code Enforcement Board shall have the authority to revoke home occupation permits.

M)

A home occupation shall be subject to all applicable business taxes.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2017-01-557, § 5, 2-6-17; Ord. No. 2021-05-614, § 5, 8-3-21, eff. 10-1-21)

A)

All applications for variances shall be submitted to the City Planning Department on required forms and with fees that have been adopted by City Council.

B)

All applications for variances shall fully state facts which support each of the criteria listed in this Section.

C)

Staff shall review all variance applications and prepare reports which apply the variance criteria set forth below to the applications. Where applicable, each report shall show that the staff member has considered the applicable variance criteria set forth in this section.

D)

At a duly noticed public hearing, City Council shall make a final decision on the application based on testimony of the applicant, staff members, and any other interested parties and may enter a final development order.

E)

No application for variance can be approved unless the applicant presents competent substantial evidence that all of the following criteria are met. All variance recommendations and final decisions shall be based on an affirmative finding as to each of the following criterion:

1)

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings or structures in the same zoning district.

2)

That literal interpretation of this Code would deprive the Applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Section and would work unnecessary and undue hardship on the Applicant.

3)

That the special conditions and circumstances referred to in subsection E)1) of this Section do not result from the actions of the Applicant.

4)

That approval of the variance requested will not confer on the Applicant any special privilege that is denied by this Section to other lands, buildings, or structures in the same zoning district.

5)

That the requested variance is the minimum variance from this Section necessary to make possible the reasonable use of the land, building or structure.

6)

That approval of the variance will be in harmony with the general intent and purpose of this Section, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

F)

In approving any variance, the City Council may prescribe any conditions and safeguards it deems necessary or desirable, and violation of such conditions and safeguards, when made part of the terms under which such variance is granted, shall be deemed a violation of this Article.

G)

City Council may not grant a variance to permit a use not generally or conditionally permitted in the district involved, or any use expressly or impliedly prohibited by the terms of this Article in the district.

H)

No nonconforming use of neighboring lands, buildings or other structures, legal or illegal, in the same district, and no variances granted to other properties shall be considered as grounds for issuance of a variance.

I)

Expansion. Any proposed expansion of a variance previously granted shall be subject to a new variance proceeding before the Board and the City Council.

J)

Within the Green Swamp, prior to the public hearing, a short (one (1) page) summary of the variance application shall be forwarded to the State Planning Agency to notify the Agency that an application has been received. Any action or development order approved by the City Council shall be rendered to the State Planning Agency and shall not become effective until a review has been conducted pursuant to F.S. § 380.07(2), and Rule 73C-44.003, Florida Administrative Code, all as amended from time to time.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2011-08-498, § 2, 8-15-11; Ord. No. 2017-01-556, § 4(Exh. A1), 3-20-17)

A)

All applications for conditional uses shall be submitted to the City Planning Department on required forms and with fees that have been adopted by City Council.

B)

All applications for conditional uses shall fully state facts which support each of the criteria listed in this Section.

C)

Staff shall review all conditional use applications and prepare reports which apply the criteria set forth below to the applications. Where applicable, each report shall show that the staff member has considered the applicable criteria set forth in this section.

D)

At a duly noticed public hearing, City Council shall make a final decision on the application based on testimony of the applicant, staff members, and any other interested parties.

E)

All conditional use recommendations and final decisions shall be based on the following criteria to the extent applicable. No conditional use can be approved unless the applicant presents competent substantial evidence that he/she meets the applicable criteria:

1)

Whether the applicant has demonstrated the conditional use, including its proposed scale and intensity, traffic-generating characteristics, and off-site impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity.

2)

Whether the Applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed scale and intensity of the conditional use requested. The site shall be of sufficient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use.

3)

Whether the proposed use will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values.

4)

Whether the proposed use will have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards.

5)

Whether the proposed use will have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources.

6)

Whether the proposed use will have an adverse impact on public services, including water, sewer, surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities.

7)

Whether the proposed use will have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality.

F)

Within the Green Swamp, prior to the public hearing, a short (one (1) page) summary of the application for a conditional use shall be forwarded to the State Planning Agency to notify the Agency that an application has been received. Any action or development order approved by the City Council shall be rendered to the State Planning Agency and shall not become effective until a review has been conducted pursuant to F.S. § 380.07(2), and Rule 73C-44.003, Florida Administrative Code, all as amended from time to time.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2011-08-498, § 2, 8-15-11; Ord. No. 2017-01-556, § 4(Exh. A1), 3-20-17)

A)

It is recognized that because of the individual unique characteristics or circumstances of any given development, flexibility in the application of development requirements may be warranted in certain situations. If an application requests multiple waivers, each waiver shall be evaluated independently. Land use waivers are not permitted under this section. Any real property owner may file a waiver application requesting a waiver for their real property from any term and condition of this Land Development Code. A waiver may be granted if the Property Owner demonstrates that the applicable Code requirement creates an illogical, impossible, impractical, or patently unreasonable result.

B)

Staff shall review all waiver applications and prepare reports which apply the criteria set forth below to the applications. Where applicable, each report shall show that the staff member has considered the applicable criteria for waivers set forth in this section.

C)

At a duly noticed public hearing, City Council shall make a final decision on the application based on testimony of the applicant, staff members, and any other interested parties, and Council may enter a final development order or development agreement if applicable. The development order or development agreement may impose reasonable conditions as will ensure that the development will be reasonably compatible with the surrounding properties.

D)

In addition to the standard set forth in subsection A) above, the Applicant must present competent substantial evidence that all of the criteria below are met. All waiver recommendations and final decisions shall also comply with the following criteria:

1)

The proposed development plan is in substantial compliance with this Code and is consistent with the Comprehensive Plan.

2)

The proposed development plan will enhance the real property.

3)

The proposed development plan serves the public health, safety, and welfare.

4)

The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood and will not have a material negative impact on adjacent properties, unless the Applicant proposes to mitigate the negative impact created by the waiver.

5)

The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this Code.

6)

The proposed development plan is compatible with the surrounding neighborhood.

E)

Within the Green Swamp, prior to the public hearing, a short (one (1) page) summary of the application for a waiver shall be forwarded to the State Planning Agency to notify the Agency that an application has been received. Any waiver granted by the City Council shall be rendered to the State Planning Agency and shall not become effective until a review has been conducted pursuant to F.S. § 380.07(2), and Rule 73C-44.003, Florida Administrative Code, all as amended from time to time.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2011-08-498, § 2, 8-15-11; Ord. No. 2012-05-505, § 2, 5-21-12; Ord. No. 2017-01-556, § 4(Exh. A1), 3-20-17)

A)

Any final administrative decision regarding the enforcement or interpretation of this Code, where it is alleged there is an error by the City Manager or designee, can be appealed as set forth in this Section.

B)

Appeals shall be taken within thirty (30) days of the date that an administrative decision is made by filing a written Notice of Appeal with the City Manager stating, at a minimum, the name of the decision maker, date of the decision, applicable code provisions, all required supplemental information necessary to render determinations related to the notice, and the specific grounds for appeal. Upon receipt of the Notice of Appeal and any appeal fee set by resolution of City Council, the City Manager shall schedule the Appeal before the City Council to be heard at the soonest available Council meeting. The public hearing shall be properly noticed pursuant to this Article.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2011-08-498, § 2, 8-15-11; Ord. No. 2012-02-501, § 2(Exh. A), 3-5-12)

A)

Any conditional use, variance or waiver approved by the City Council under this Section shall expire and become null and void one (1) year after the effective date of such approval by the City Council, unless:

1)

A Final Development Order based upon and incorporating the conditional use, variance, or waiver is issued by the City within said time period; or

2)

The rights and conditions granted by the conditional use, variance, or waiver have been exercised prior to the expiration date. Acquisition of necessary building permits or installation of required equipment shall be considered adequate exercising of the conditional use, variance, and waiver rights.

B)

Upon written application of the Applicant or Property Owner, the City Council may extend the expiration date, without public hearing, an additional six (6) months, provided that the application, together with any fee, is filed at least thirty (30) days prior to any expiration date. The City Council may grant an extension for one (1) period of up to six (6) months, provided justifiable cause is shown. "Justifiable cause" shall include, but not be limited to, the following:

1)

Acts of God and other natural disasters;

2)

Material shortages;

3)

Interruptions due to strikes and other employee job actions;

4)

Fire, explosion, or some similar catastrophe;

5)

Financial reversals of a temporary nature;

6)

Other situations beyond the control of the permit holder.

C)

If a Final Development Order is timely issued, and the Final Development Order subsequently expires and the subject development project is abandoned or discontinued for a period of six (6) months, the conditional sue, variance or waiver shall be deemed expired and null and void.

D)

The City Council hereby finds that there may be one (1) or more unexpired conditional use, variance, or waivers previously granted by the City that may have never been acted upon or have been abandoned by the Property Owner. The City Council finds that these unexpired approvals may now be detrimental to the public health, safety, and welfare of the community due to changed circumstances in the surrounding neighborhood and changes in law. Therefore, the provisions of this Section shall apply retroactively to any unexpired conditional use, variance, and waiver previously granted by the City Council. It is the intent and purpose of this Section to void any previously granted conditional use, variance, and waiver that does not comply with the provisions of this Section and to require the Property Owner to reapply, under current circumstances, for said approval should the Property Owner desire or need said permit.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08)

A)

Comprehensive Plan: While the City does not intend to unreasonably invade any established private property right and recognizes that nonconformities may remain until such use is discontinued, removed, or abandoned, the City also finds that nonconforming uses detract from the effectiveness of the City's Comprehensive Plan, which Plan is mandated by State Law, and thwart the public policy behind the Comprehensive Plan; therefore, the right to continue the nonconforming use should be narrowly construed to advance the Comprehensive Plan and the spirit of the City's zoning and land development regulations.

B)

Intent: Because of adoption of this Land Development Code, or amendments that may later be adopted, there may exist nonconforming lots, uses of land and structures, and structures which were lawful before this Code was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Code or future amendment. It is the intent of this Code to permit these nonconformities to continue in their present condition subject to the following requirements but not to encourage their survival.

C)

Use of Lots Nonconforming in Size:

1)

In any district in which single-family dwellings are permitted under this Land Development Code, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption of this Code provided such lot meets the intent of this Code. This provision shall apply even though such lot fails to meet the requirements for area, width or depth, as generally applicable in the district; however, the lot shall conform to all other regulations for the district in which such lot is located. No use (e.g., duplex) that requires a greater lot size than the established minimum lot size for a particular zone is permissible on a nonconforming lot.

Within the Green Swamp, a parcel that is nonconforming due to lot size may only be approved for development or building if it was created prior to the adoption of the 1991 Lake County Comprehensive Plan.

2)

If two (2) or more adjacent vacant nonconforming lots, or portions of lots, in single ownership were of record at the time of adoption of this Code or any amendments thereto, the lands involved shall be considered to be an undivided parcel for the purposes of this Code, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with requirements established for this district, nor shall any division of any parcel be made which creates a lot that does not comply with requirements for this district.

Within the Green Swamp, if two (2) or more adjacent vacant nonconforming lots, or portions of lots, in single ownership were of record on or after January 1, 2016, the lands involved shall be considered to be an undivided parcel for the purposes of this Code, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with requirements established for this district, nor shall any division of any parcel be made which creates a lot that does not comply with requirements for this district.

3)

This subsection applies only to undeveloped nonconforming lots (a lot of record with no substantial structures).

D)

Enlargement. Increase, or Extension of Nonconforming Uses Prohibited: Where, at the effective date of adoption or amendment of this Code, lawful use of land or buildings exists which would not be permitted under the regulations imposed by this Code such uses may be continued so long as they remain otherwise lawful, provided:

1)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Code;

2)

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this Code;

3)

No additional structure, not conforming to the requirements of this Code shall be erected in connection with such nonconforming use of land.

E)

Single-Family Residential Nonconformities: Where a single-family residential use existed as the principal use on a platted lot of record, said single-family residential use shall be considered conforming, with the following limitations:

1)

Any structure may be replaced with a similar structure when destroyed, or may be enlarged so long as the enlargement or replacement does not create new nonconformities or increase the extent of existing nonconformities with respect to such matters as setback and parking requirements.

2)

This subsection is subject to the limitations stated in subsection K) Abandonment or Discontinuance of Nonconforming Use or Structure.

F)

Expansion of Nonconforming Use in Existing Buildings: Subject to subsection H), Changes in Use, a nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this Land Development Code, was manifestly designed or arranged to accommodate such use. However, a nonconforming use may not be extended to additional buildings or to land outside the original building.

G)

Nonconforming Structures: Where a lawful permitted structure exists at the effective date of adoption or amendment of this Code that could not be built under the terms of this Code by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the provisions of this subsection. The provisions in this subsection, and in subsection K) of this section 3.20 regarding abandonment or discontinuance of nonconforming structures, shall not apply to nonconforming fences, such as chain link fences. Fences made nonconforming by amendments to this Code may continue until such fences are replaced; provided, however, that the length of nonconforming fences may not be extended.

1)

Damage and Replacement/Repair. If a nonconforming structure is damaged to an extent that the costs of repair or replacement would exceed fifty (50) percent of the appraised value immediately prior to the date of destruction of the damaged structure, then the damaged structure can be repaired or replaced only in accordance with the provisions of this Code. This subsection does not apply to structures used for single-family residential purposes.

2)

Buildings Shall Be Maintained. Minor repairs to the routine maintenance of property where nonconforming situations exist are permitted and encouraged. Work may be done at a cost not exceeding fifty (50) percent of the appraised value of the building, and provided that the cubic content of the building as it existed at the time of passage or amendment of this Chapter shall not be increased. Routine repairs and maintenance of nonconforming structures or uses on fixtures, wiring or plumbing, or on the repair or replacement of walls shall be permitted. Nothing in this Code shall be deemed to prevent the strengthening or restoring to a safe condition of any building, or part thereof declared to be unsafe by any Public Official charged with protecting the public safety upon order of such Official.

3)

For purposes of subsections G)1) and 2) above, "cost" of maintenance, repair, or replacement shall mean the fair market value of the materials and services necessary to accomplish such maintenance, repair, or replacement. "Cost" shall mean the total cost of all such intended work, and no person may seek to avoid the intent of subsections G)1) and 2) by doing such work incrementally.

4)

The "appraised value" shall mean either the appraised value for property tax purposes, updated as necessary by the increase in consumer price index since the date of last valuation, or the valuation determined by a professionally recognized property appraiser.

5)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved.

6)

A structure having a nonconforming setback may be added onto providing the addition is not proposed on the side of the structure having a nonconforming setback or the addition is on the side of the structure having the nonconforming setback and the addition maintains the required setback.

H)

Changes in Use:

1)

The volume, intensity, or frequency of use of property where a nonconforming situation exists may be increased and the equipment or processes used at a location where a nonconforming situation exists may be changed if these or similar changes amount only to changes in the degree of activity rather than changes in kind and no violations of other subsections of this section occur.

2)

Conformity with the Code. If an intended change is use in a nonconforming property is to a principal use that is permissible in the district where the property is located, and all of the other requirements of this Code applicable to that use can be complied with, permission to make the change must be obtained in the same manner as permission to make the initial use of a vacant lot. Once conformity with this Code is approved and achieved, the property may not revert to its nonconforming status.

3)

Inability to Comply with the Code. If the intended change in use is to a principal use that is permissible in the district where the property is located, but all of the requirements of this Code applicable to that use cannot reasonably be complied with, then the change is permissible. However, all of the applicable requirements of this Code that can reasonably be complied with shall be complied with. Compliance with a requirement of this Code is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible. In no case may an applicant be given permission pursuant to this subsection to construct a building or add to an existing building if additional nonconformities would thereby be created.

4)

Change to Another Nonconforming Use. If the intended use is to another principal use that is also nonconforming, the change is permissible, but only if: (a) the use requested is one that is permissible in some zoning district or as a conditional use; (b) all of the conditions of subsection H)3), Inability to Comply with the Code, are met; and (c) the proposed use will have less of an adverse impact on those most affected by it and will be more compatible with the surrounding neighborhood than the use in operation at the time the change of use is applied for.

I)

Uses Under Conditional Use, Provisions Not Nonconforming Uses: Any use which is permitted as a conditional use in a district under the terms of this Code shall not be deemed a nonconforming use in such district, but shall without further action, be considered a conforming use.

J)

Nonconforming Front Yard Setback: The front yard setback requirements of this Code shall not apply on any lot where the average setback of existing buildings located wholly, or in part, within one hundred (100) feet on each side of such lot within the same block and zoning district, and fronting on the same side of the street, is less than the minimum required setback. In such cases, the setback on such lot may be less than the required setback, but no less than the average of the setbacks of the aforementioned existing buildings.

K)

Abandonment or Discontinuance of Nonconforming Use or Structure: If a nonconforming use or structure is either: (1) abandoned; or (2) discontinued for a continuous period of more than one (1) year, any and every future use of the building, structure, or land shall be in conformity with the provisions of the Land Development Code. Neither the intention of the owner, nor that of any other person or entity to use a building, structure, or land for any nonconforming use shall be taken into consideration in interpreting and construing "discontinuance" as used in this subsection. Nonconforming use of property stays with the land use not with the ownership of the land.

L)

Interpretation:

1)

Nothing in this section shall prohibit the City from ordering compliance in nonconformity situations with all other provisions of the Land Development Code and applicable building codes and safety related codes.

2)

Nothing in this Code shall be interpreted as authorization for or approval of the continuation of any illegal use of a building, structure, or land that was in violation of any ordinance in effect at the time of the passage of this Ordinance. The casual, intermittent, temporary, or illegal use of land, building or structure shall not be a basis to establish the existence of a nonconforming use.

3)

A lawful building permit issued for any building or structure prior to the enactment of this Ordinance, the construction of which is in conformity with approved site plans, if applicable, and building plans shall not be affected by this Ordinance if the building or structure is built in full compliance with the Code as it existed at the time of the issuance of the building permit. However, if such building or structure does not conform to the provisions of this Land Development Code which cause such planned building, structure or use to be nonconforming or noncomplying, then it shall be nonconforming by applying this Ordinance to the building, structure or use.

4)

Effect of actual building construction. To avoid undue hardship, nothing in this Article shall be deemed to require a change in plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of the land development regulations and upon which actual building construction has been diligently carried on. "Actual construction" is hereby defined to include the placing of materials in permanent position and fastened in a permanent manner, except that, where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be "actual construction," provided that work shall be diligently carried on until completion of the building involved.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2016-01-542, § 3, 1-4-16; Ord. No. 2017-01-556, § 4(Exh. A1), 3-20-17; Ord. No. 2017-06-568, § 2, 6-5-17)

No building or other structure, except where determined by the City Manager and the City Building Official that a Building Permit is not required in conjunction with the Florida Building Code, shall be erected, moved, added to or structurally altered without a permit issued by the Building Official. All applications for building permits shall be in accordance with the requirements of this Article, City procedures and the Florida Building Code. Unless upon written order from the City Council, no building permit shall be issued except in complete conformity with the provisions of this Article. Temporary structures and uses are permitted only as expressly provided in this Article. City procedures and the Florida Building Code. No temporary use shall be established unless a permit evidencing the compliance of such use with the provisions of this Article and other applicable provisions of this Code shall have first been issued. No signage in connection with a temporary use shall be permitted except in accordance with the Sign Article in this Code. All temporary uses must be located on private property and are subject to the setback requirements, parking area requirements, and other requirements as applicable.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08)

A)

All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as may be required by the City Manager or designee and the Building Official, including location of trees and landscaping, existing or proposed uses of the building and land, the number of families, housekeeping units or rental units the building is designed to accommodate, conditions existing on the lot and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this Article.

B)

One (1) copy of such plans, if approved, shall be so marked and returned to the Applicant, one (1) copy shall be retained by the Building Department and one (1) copy shall be retained by the Building Official.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08)

A)

Required: No land shall be used or occupied; no building created, structurally altered, moved or extended shall be used; and no land or building shall be changed in use until a Certificate of Occupancy and Certificate of Use (if applicable per Article IV, Chapter 5 of the City's Code) have been issued by the City of Mascotte, stating that the proposed use of the building or land conforms to the requirements of Chapter 5 of the City's Code, this Article, and the Florida Building Code.

B)

Records: The City of Mascotte shall maintain a record of all Certificates of Occupancy and Certificates of Use, and copies shall be furnished upon request to any person having an interest as proprietor or tenant in the premises affected.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2023-07-644, § 3, 8-1-23)

A)

By resolution the City Council shall establish a schedule of fees, charges and expenses, for all land use applications including, but not limited to: rezonings, conditional uses, home occupation certificates, variances, building permits, certificates of occupancy, appeals and similar matters. These may be amended by the City Council at any time.

B)

No rezoning, permit, certificate, conditional use, site or plat approval, waiver, or variance shall be issued unless or until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken on proceedings before the City Council unless or until charges and fees have been paid in full.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08)

The regulations, restrictions and boundaries set forth in this Article may from time to time be amended, supplemented, changed or repealed; provided, that no such action may be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08)

A)

General interpretations: In their interpretation and application, the provisions of this Article shall be: (1) considered as the minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare; (2) liberally construed in favor of the City; and (3) deemed neither to limit, nor repeal any other powers granted to the City under state statutes.

B)

Conflicts: More specific provisions of this Ordinance shall be followed in lieu of more general provisions that may be more lenient than or in conflict with the more specific provision. Where the provisions of the Ordinance appear to conflict with an ordinance enacted after the date of enactment of this Ordinance, the most restrictive provision shall govern.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08)

Whenever a violation of this Article occurs, or is alleged to have occurred, any person may file a complaint in regard thereto. The complaint shall be in writing and shall be filed with the City Manager, who shall properly record the complaint and immediately investigate and take such action thereon as the circumstances warrant. Nothing in this Section shall prohibit any person from filing a complaint with the Code Enforcement Officer.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08)

A)

Any person who violates any of the provisions of this Article or fails to comply with any of its requirements, or builds or alters any building or structure contrary to intent expressed or approved, or without obtaining the required permits and certificates, or uses any land, building or other structure in a manner prohibited by this Article, may, upon conviction thereof, be fined not more than five hundred dollars ($500.00) or imprisoned for not more than sixty (60) days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. With respect to separate violations of this Article, each act constitutes a separate offense.

B)

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent or other person who commits, takes part in, assists in or maintains such violation shall each be guilty of a separate offense and suffer the penalties herein provided.

C)

Every violation of this Article shall be punishable as such, but nothing herein contained shall prevent the City from taking such other action as is necessary to prevent or remedy any violation, including, but not limited to, bringing suit in the Circuit Court or bringing proceedings before the Code Enforcement Board or Special Magistrate.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08)

Editor's note— Ord. No. 2012-08-508, § 4, adopted Sept. 6, 2012, deleted § 3.29, with the exception of the title. Former section 3.29 derived from Ord. No. 2008-03-460, (Exh. A), adopted Apr. 21, 2008.

If any section, subsection, paragraph, sentence, clause, or phrase of this Code is for any reason held by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the validity of the remaining portions of this Code shall continue in full force and effect.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08)

Upon the effective date of this Ordinance, Chapter 6.5, "Environment", Chapter 19, "Zoning", Chapter 20, "Subdivision Regulations, Chapter 20, "Sign Regulations", and Article VI of Chapter 5, "Water-efficient Landscaping Regulations" of the Code of Ordinances, City of Mascotte, Florida shall be repealed and shall be superseded by the provisions of this Code.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08)

The repeal of Chapter 6.5, Chapter 19, Chapter 20, and Article VI of Chapter 5 of the Code of Ordinances shall not receive any ordinances in force before or at the time of that the ordinance repealed took effect.

The repeal of Chapter 6.5, Chapter 19, Chapter 20, and Article VI of Chapter 5 of the Code of Ordinances shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance repealed.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08)

Any prosecution arising from a violation of any ordinance repealed by this Ordinance, which prosecution may be pending at the time this Code becomes effective, or any prosecution which may be started within one (1) year after the effective date of this Code as a consequence of any violation of any ordinance repealed therein, which violation was committed prior to the effective date of this Code, shall be tried and determined exactly as if such ordinance had not been repealed.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08)

CITY OF MASCOTTE
LDC-ZONING REGULATIONS - TABLE 3-1

(Ord. No. 2017-07-571, § 2(Exh. A), 8-1-17; Ord. No. 2018-04-579, § 2(Exh. A), 5-1-18; Ord. No. 2021-11-626, § 4(Exh. A), 11-2-21)

Table 3-2

In PUD-RM, PUD-CM, and PUD-DM, NR designated Allowable Use in Non-Residential Areas through Planned Unit Development Process; R designates Allowable Use in Residential Areas through Planned Unit Development Process; and R/C designates Conditional Use in Residential Areas.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2008-07-466, (Exh. A), 8-4-08; Ord. No. 2011-05-496, § 3(Exh. A), 6-6-11; Ord. No. 2012-02-501, § 3(Exh. B), 3-5-12; Ord. No. 2017-01-557, § 4(Exh. A), 2-6-17; Ord. No. 2017-01-556, § 4(Exhs. A2, A3), 3-20-17; Ord. No. 2019-03-591, § 2(Exh. A), 3-5-19)